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PERRY v. DELISLE

Record No. 0439-04-1.

615 S.E.2d 492 (2005)

46 Va. App. 57

Melvin G. PERRY v. Tom DELISLE, t/a R & T Construction and Uninsured Employers' Fund.

Court of Appeals of Virginia, Richmond.

July 12, 2005.

Attorney(s) appearing for the Case

Beverly Powell Leatherbury (Beverly Powell Leatherbury, P.L.C., on brief), for appellant.

Darlene P. Bradberry (Breeden, Salb, Beasley & DuVall, P.L.C., on briefs), Norfolk, for appellee Tom Delisle, t/a R & T Construction.

William C. Walker (Taylor & Walker, P.C., on brief), Norfolk, for appellee Uninsured Employers' Fund.

Present: Chief Judge FITZPATRICK, BENTON, ELDER, BUMGARDNER, FRANK, HUMPHREYS, CLEMENTS, FELTON, KELSEY, McCLANAHAN and HALEY, JJ.

UPON REHEARING EN BANC

ROBERT J. HUMPHREYS, Judge.

This matter comes before the Court on a rehearing en banc following the issuance of a divided panel opinion of this Court. Appellant Melvin G. Perry ("Perry") appeals a ruling from the Virginia Workers' Compensation Commission in which the commission held that appellee Tom Delisle ("Delisle") sustained his burden of proving that his business has regularly in service less than three employees and,...

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